This order dismisses seven connected civil writ petitions filed by individual persons against the State of Rajasthan and Excise officials, noting that the controversy lacks res integra due to existing precedents.
All the writ petitions were dismissed accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[CW-12925/2018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 12925/2018
Kanchan Bai W/o Sh. Banshi Lal, Aged About 47 Years, Vpo Kejad, Tehsil Sarada, District Udaipur (Raj.).
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 11664/2018
Pushpa Devi W/o Sh. Bhanwar Lal Mewara, Aged About 45 Years, Bassi Jhunjhawat, Tehsil Salumber, P.s. Salumber, District Udaipur (Raj.)
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 12805/2018
Rakesh Kumar S/o Shri Prabhulal, Aged About 28 Years, R/o Semari, District Udaipur (Raj.).
----Petitioner
(2 of 5)
[CW-12925/2018]
Gumaniyawala, Panchwati, Udaipur (Raj.).
----Respondents
S.B. Civil Writ Petition No. 12811/2018
Ravindra Jairamdas Chhugani S/o Shri Jayramdas, Aged About 43 Years, R/o Laxmi Park Warisa, Vododara (Gujarat).
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 12812/2018
Mahesh Vaishnav S/o Sh. Bhanwar Lal Vaishnav, Aged About 35 Years, Resident Of Near Power House, Eklingpura, Girwa, District Udaipur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 12818/2018
Vijay Choubisa S/o Sh. Nagina Kumar, Aged About 28 Years, Ward No. 25, Dungarpur (Raj.).
----Petitioner
(3 of 5)
[CW-12925/2018]
Gumaniyawala, Panchwati, Udaipur (Raj.).
----Respondents
S.B. Civil Writ Petition No. 12820/2018
Amba Lal S/o Sh. Madhu, Aged About 28 Years, Gadriyavas Goraji Ka Nimbahera, Kapasan, District Chittorgarh (Raj.).
----Petitioner
----Respondents
S.B. Civil Writ Petition No. 12823/2018
Happy Choubisa W/o Sh. Mahesh Choubisa, Aged About 25 Years, Selota Patidar Falan, Sagwara, Dungarpur (Raj.)
----Petitioner
----Respondents
S.B. Civil Writ Petition No. 12846/2018
Usha Sunil Kewalramani W/o Sh. Kanhaiyalal Topandas Nathani, Aged About 29 Years, Resident Of Vodadara, Fatepura, (Gujarat)
----Petitioner
Versus
(4 of 5)
[CW-12925/2018]
3. District Excise Officer, Dungarpur.
----Respondents
S.B. Civil Writ Petition No. 12850/2018
Priyanka Jhala W/o Sh. Dilip Singh Jhala, Aged About 32 Years, Resident Of Dahod Road, Opp. Filter House, Banswara (Raj.)
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 12854/2018
Deepa Ben Udhvani W/o Sh. Vijay Kumar, Aged About 36 Years, Resident Of A-8, Vallabh Complex Opp. Aradhana, Vadodara (Gujarat)
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 12930/2018
Rajesh Udhvani S/o Sh. Murlidhar Udhvani, Aged About 27 Years, New Vip Road, Vadodara (Gujarat).
----Petitioner
Versus
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[CW-12925/2018]
| 3. District |
Excise Officer, Dungarpur. |
|---|
----Respondents
| For Petitioner(s) | : Mr. |
BS Sandhu |
|---|---|---|
| For Respondent(s) | : Mr. |
Abhishek Mehta |
| Mr. | Girish Kumar Sankhla | |
| Mr. | Kapil Puorhit |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/12/2021
Counsel for the respondents Mr. Girish Sankhla, Mr. Kapil Purohit & Mr. Abhishek Mehta submits that the controversy involved in the present case is not more res integra as the issue has already been decided by Hon’ble Division Bench of this Court in Satveer Chaudhary Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.10936/2020 decided on 08.12.2020) as well as the Single Bench judgment dated 11.01.2021 in Balveeer Bana Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11384/2020).
Counsel for the petitioner submits that though he has challenged the notice, but in the given circumstance when Hon’ble Division Bench has rendered the aforementioned judgment Satveer Chaudhary (supra), he fairly submits that the challenge does not survive.
All the writ petitions are dismissed accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
158-169-nirmala/Sanjay-
1 issue framed by the court
Whether the writ petitions challenging excise notices survive in light of recent precedents.
Colour shows how this judgement treated each authority
Satveer Chaudhary Vs. State of Rajasthan & Ors.Referred¶115
Satveer Chaudhary Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.10936/2020 decided on 08.12.2020)
Balveeer Bana Vs. State of Rajasthan & Ors.Referred¶115
Balveeer Bana Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11384/2020)
Kanchan Bai W/o Sh. Banshi Lal & Ors.
State Of Rajasthan, Through The Secretary To The Government, Revenue (Excise) Department
The Excise Commissioner
District Excise Officer, Dungarpur
Dr. Puspendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
